Chief justice suggests updating Evidence Act
Chief Justice Syed Mahmud Hossain yesterday suggested that the century-old Evidence Act of 1872 be updated by incorporating provisions of using digital evidence, as much of the communication and commercial activities are now performed on digital platforms.
He was addressing the inaugural ceremony of a four-day workshop titled “Dialogue on the Use of Digital Evidence in Court”, jointly organised by the US and UK embassies in Dhaka at a city hotel.
The chief justice said the law of evidence plays a pivotal role in effective functioning of the judicial system, and victory or defeat in a case depends mostly on evidential acumen or lack of it.
The 1872 Evidence Act is a great piece of law, but it needs to be updated to meet the challenges of 21st century, when technology is changing rapidly and the government and private organisations are increasingly using digital technologies, he said. “If we are able to overcome the challenges to introduce digital evidence in our justice system to a great extent, it will help assist the judges and investigation officers,” he said.
Participants from tribunals where digital evidence is currently permitted under certain circumstances -- including Anti-Terrorism Tribunals, the Cyber Crimes Tribunal, Speedy Trial Tribunals, and the planned human trafficking tribunal -- were present at the workshop, as well as representatives of the Ministry of Law, Justice, and Parliamentary Affairs.
US Ambassador Earl R Miller said there is widespread support in the Bangladeshi justice sector for using digital evidence, as it would significantly increase the credible evidence available to prosecutors and judges.
It will also help solve crimes more quickly, and reduce the backlog of cases, he said.
Supporting enhanced use of digital evidence in Bangladesh justice system, British High Commissioner to Bangladesh Robert Chatterton said proper use of digital evidence can play a major role in increasing efficiency and integrity of the administration of justice. The workshop will provide Bangladeshi judges and prosecutors with fundamental information on authenticating digital evidence for use in courts, and address concerns and identify common ground among stakeholders to lay the groundwork for introducing digital evidence in Bangladesh courtrooms in future, said a joint statement of US and UK missions in Dhaka.
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